By Michelle Gillette and Josh Foust on June 20, 2017 Posted in Advertising & Product Risk ManagementThe last few years have seen a war waged on sugar. In addition to increased media attention, USDA and the Department of Health and Human Services have set recommended sugar consumption limits. In the latest Dietary Guidelines For Americans 2015-2020, one of the five “guidelines” is to limit calories from added sugars. FDA also has… Continue Reading

By John Fuson on June 5, 2017 Posted in Advertising & Product Risk Management,Events,Product Liability & Torts2017 continues to be the year of the Food Safety Modernization Act, as the U.S. Food and Drug Administration, having completed its roll-out of the major rules implementing this land-mark food safety legislation, moves in earnest with inspections to check on compliance. To help manufacturers prepare for this and other issues confronting the food industry,… Continue Reading

By Carolyn Wagner and Laura Aradi on May 31, 2017 Posted in Advertising & Product Risk ManagementIn today’s social media and internet focused world, tracking online reviews and commentary from consumers is essential for product manufacturers and retailers. Savvy online participation can provide companies with important quality feedback and bolster customer relations when consumer concerns are handled quickly and sensitively. But even companies are not immune to cyber trolls. What happens when an… Continue Reading

By Josh Foust on May 17, 2017 Posted in Advertising & Product Risk ManagementNinth Circuit Follows King Bio Decision in Confirming Private Plaintiffs May Not Challenge “Lack of Substantiation” Under California Law To view the full version of this article, visit the latest version of our Recent Happenings in Advertising & Product Risk Management newsletter. When it comes to prosecuting false advertising, what is the appropriate division of… Continue Reading

By Tony Di Domenico and Christopher A. Cole on April 27, 2017 Posted in Advertising & Product Risk ManagementThis alert has been prepared in collaboration with Canada’s Fasken Martineau law firm. Mr. Di Domenico is a partner and regional chair of the firm’s Antitrust/Competition & Marketing Group in Toronto. Chris Cole is Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private… Continue Reading

By Matthew Cohen, Rukiya Mohamed and Stephanie Crawford on April 24, 2017 Posted in Advertising & Product Risk ManagementEarlier this month, the Consumer Product Safety Commission in tandem with the Department of Justice withdrew its “material misrepresentation” claim in its ongoing lawsuit against arts and crafts retailer Michaels Stores. The Government had alleged, inter alia, that Michaels made a material misrepresentation to the agency in its Section 15(b) Report for certain glass vases… Continue Reading

By Daniel T. Campbell on March 29, 2017 Posted in Advertising & Product Risk Management,EventsMore than two months after President Donald Trump’s inauguration, the automotive industry continues to face substantial uncertainty regarding the direction and priorities of the National Highway Traffic Safety Administration (NHTSA) over the next few years. For now, we can only guess. The new Transportation Secretary, Elaine Chao, was confirmed January 31. She takes over a… Continue Reading

By Christopher A. Cole on March 28, 2017 Posted in Advertising & Product Risk Management,Antitrust & Claims RecoveryThis year, digital media spending is expected to outstrip spending on traditional media, such as television and print. Advertisers, lured by the promise of precise targeting, better ability to measure return on investment, and changing consumer media consumption patterns, have poured money into digital at an almost exponential rate. And, while there are studies (largely… Continue Reading

By Cheryl A. Falvey and John Fuson on March 22, 2017 Posted in Advertising & Product Risk ManagementHistorically, as administrations change at the safety agencies, new priorities and shifting judgments on risk-based hazard assessment drive regulatory burdens up or down. The effect of President Trump’s executive order requiring the repeal of two rules for every one promulgated is yet to be seen when it comes to rulemaking at consumer facing safety agencies… Continue Reading

By Christopher A. Cole on March 20, 2017 Posted in Advertising & Product Risk Management,Product Liability & TortsPresidential advisor Steve Bannon famously told the Conservative Political Action Conference (CPAC) that the Trump Administration seeks to “deconstruct” the regulatory state. The President has issued several Executive Orders (EOs) on regulations designed to implement this policy, including the “two for one” EO, an EO on enforcing the regulatory agenda, and an EO on reorganizing… Continue Reading

By Michelle Gillette and Mina Nasseri-Asghar on March 7, 2017 Posted in Advertising & Product Risk ManagementLate last month, Target announced a new strategy to remove certain chemicals from consumer products sold in its many stores. The approach focuses on increased transparency, proactive chemical management across the supply chain, and innovation of safer alternatives. As a part of this new chemicals strategy, touted by many as the most comprehensive of its… Continue Reading

By Cheryl A. Falvey and Matthew Cohen on February 10, 2017 Posted in Advertising & Product Risk ManagementThe U.S. Consumer Product Safety Commission (CPSC) has a new Acting Chairwoman: Commissioner (and former Congresswoman) Ann Marie Buerkle. Although no formal announcement has been made, those within the agency have acknowledged that current Chairman Elliot Kaye relinquished the chairmanship yesterday. Commissioner Buerkle, one of the two Republican members of the Commission and Vice-Chair of… Continue Reading

By Lauren B. Aronson on February 9, 2017 Posted in Advertising & Product Risk Management,Privacy & Data ProtectionVizio Reaches $2.2 Million Settlement With FTC, New Jersey, For Failing to Obtain Viewer Consent to Track and Sell Viewing Habits to Third Parties Traditionally, advertisers purchase ad inventory during television programs based on basic demographic information regarding viewer attributes. Thus, while ads may reach viewers of a particular gender and age range, those ads… Continue Reading

By Frances Hadfield and Preetha Chakrabarti on February 1, 2017 Posted in Advertising & Product Risk Management,EventsOn February 10, 2017, the Federal Bar Association will host a day-long Fashion Law Conference at Parsons School of Design (Starr Foundation Hall in the New School’s University Center) during New York Fashion Week! Please join Crowell & Moring’s Frances Hadfield and Preetha Chakrabarti, as well as a host of other speakers and experts, for our cutting-edge… Continue Reading

Crowell & Moring’s Regulatory Forecast 2018

Crowell & Moring's Regulatory Forecast explores how technology is driving the future of business across industries – and how Washington, as well as state and global regulators, is forging the appropriate balance between fostering innovation and protecting consumers.

About Retail & Consumer Products Law Observer

Crowell & Moring is a full-service, international law firm that represents a broad spectrum of clients in the retail and consumer product industries, including wholesale and specialty retailers, department stores, and big-box retailers, apparel, cosmetics, food and beverage, consumer electronics and other consumer products companies, as well as investors in these sectors. Our clients call upon us, time and again, to help them navigate the complex legal and regulatory regimes, both domestically and internationally, applicable to the design and promotion of products and services, and to assist them in taking innovative and proactive measures to protect their business from the array of challenges before them. Our Retail & Consumer Products Law Observer blog features legal insight and thought-leadership affecting the industry.